Giuliani Blasts Fulton County Legal Process, Says He Will Go There Some Time Next Week

Giuliani Blasts Fulton County Legal Process, Says He Will Go There Some Time Next Week
Former New York City Mayor Rudy Giuliani speaks to media at a press conference at the Republican National Committee headquarters in Washington on Nov 19, 2020. Charlotte Cuthbertson/The Epoch Times
Catherine Yang
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Rudy Giuliani, as a former U.S. Attorney for the Southern District, pioneered the use of RICO statutes in taking down mafia and other criminals in the 1980s. He noted the irony in a radio interview Tuesday, a day after he was charged under RICO statutes in Georgia for alleged election interference.

He said it was a law he knew “better than anyone,” on 77 WABC radio Tuesday.

“I’m anxious to fight this case. First thing we should do is dismiss the indictment because it’s improperly filed. Number two, we should move for removal under 28 USC Section 1442,” Mr. Giuliani said. He, former President Donald Trump, and 17 other conspirators were indicted with acts of racketeering, under the RICO statute, and a total of 40 other counts on Monday. When his son called from Lithuania to ask how he was, Mr. Giuliani asked, “How does it feel to be in a free country?”

“This case should automatically be removed to federal court, the federal statutes say that when you indict someone for things they did for federal office, or things, for example, I did as an agent for someone in federal office, it should be removed for the federal court,” Mr. Giuliani said. It’s a liberally construed statute, he added, written in favor of having this done as often as possible.

Mark Meadows, former chief of staff for President Donald Trump, has already filed a motion to do so, with his lawyers arguing that all the actions listed were actions taken in his official capacity as chief of staff.

“This should be removed,” he said. “Get it out of the hands of a crooked city, a crooked Democratic city, let’s be honest, Atlanta has for some time, with mayors going to jail, they just had some people prosecuted for graft.”

Mr. Giuliani said the case should be tried in a circuit court that would be neutral.

Asked about his next steps, Mr. Giuliani said, “well I'll pick a day next week, try to work out the conditions of bail, because there has to be bail, I imagine.”

“Kind of silly,” he said. “I showed up there voluntarily and testified. I also showed up there for hearings, and I’ve showed up every place I’ve ever been asked to show up. So if they really need bail on me, you know it’s just punitive. But in any event, they‘ll want bail, and I’ll give it to them.”

“I woke up this morning more excited than I have been in weeks,” Mr. Giuliani said. “Because I got a fight on my hands, and a justifiable one.” He said his son took it in stride but his daughter was a bit more anxious. “I said, you just got to learn what your dad is like, this is what he lives for, to fight for his country.”

“I’m the same Rudy Giuliani that went after the mafia, I haven’t changed one bit. The country’s become fascist and communist, I haven’t,” he said. “Same Rudy Giuliani, same quest for justice. Gosh almighty, if Donald Trump committed a crime, love him though I do, I'd put him in jail.”

‘Fictitious’ Indictment

Mr. Giuliani, like other legal experts, point to the early posting of what looked like two pages of an indictment against former President Trump, as a sign of corruption.

“You can see the skullduggery involved,” he said. “And then they had to get it filed by midnight so the dates would work out right. They made a lot of mistakes as a result of that in that indictment.”

Reuters had been the first to report that the Georgia court posted, then removed, two pages listing several counts against President Trump while the grand jury was still hearing witness testimonies. The 13 counts on the removed file later matched exactly the final indictment.

Mr. Giuliani said it was “time for disbarment” when he saw how it was handled.

Ms. Willis refused to comment on the document during a press conference and did not respond to additional requests for comment from The Epoch Times. The clerk’s office is not expected to have insider information, such as the expected charges, from the prosecution during a grand jury trial. It later issued a statement that it was a “fictitious document” and should not be “considered official filings.”

“I looked at it very carefully,” he said. “I was told this was a mistake. I immediately looked at the two key places, because that’s the form that actually files an indictment—not terribly different from the Southern District, I’ve seen a thousand of them—it had two things that means it was filed. It had a date, it had a time, it said filed. That indictment was filed at 12:07 yesterday ... it was voted at 8 o'clock at night.

“If it had happened in my office you‘d be fired, as it would have with Bob Morgenthau, in two seconds, as it would have with any ethical prosecutor,” Mr. Giuliani said. “Of course the grand jury is going to follow the district attorney, by and large they should most of the time. But that doesn’t mean you take it to an extreme of making them into a ’rubber stamp,' it’s just disrespect to the process completely.

“Second, what you would never do is file an indictment before they voted it! Every once in a while, even with a ham sandwich thing, you get a grand jury—we call them ‘runaway’ grand juries,” he said, recalling times his assistants walked into his office telling him the grand jury didn’t vote an indictment.

“I don’t know where they’re going to go with this. Seventeen defendants and you want to try it in six months? Are you out of your mind?” he added, noting a case he tried with 27 defendants took two and a half years to convict them all. “But they committed real crimes, they sold drugs and killed people, they didn’t try to persuade people an election was unfair, which by the way it was ... I don’t think these guys ever prosecuted real crime. You know, they never dealt with a ‘Fat Tony’ Salerno or Carmine Persico, or a Boesky, or a Milken.”

Mr. Giuliani was scheduled to give a press conference outside his apartment in New York the same day after the radio appearance, but did not appear himself. Later on Tuesday, he took to his own podcast show to take a jab at the press.

“He is alive! The press downstairs wouldn’t know that,” he said with a laugh. “I had a little fun tonight. You’ve got to grant me a little fun after they indicted me yesterday for being a lawyer.”